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THE TRIAL ORDER

For Lian Y. McGaughey v. William Howard Taft McGaughey, Jr.

Court File No. 27-FA-11-2008

 

 

BSTATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT
COUNTY OF HENNEPIN
FAMILY COURT DIVISION
_____________________________________________________________________
File No. 27-FA-11-2008
Lian Yang McGaughey
Petitioner
and Trial Order
William Howard Taft McGaughey, Jr.
Respondent
________________________________________________________________
The above-entitled matter came on for hearing before Referee Susan M. Cochrane on October 17, 2011.

Appearances:
Petttioner appeared with Counsel, Wing-Sze W. Sun, Esq.

Respondent appeared with Counsel, James D. Gurovitch, Esq.

Now, therefore, the Court makes the following:

ORDER FOR TRIAL

1. The trial is scheduled for a 2 (two) day trial beginning at 9:00 a.m. on May 7, 2012 and the following day of May 8, 2012, in Courtrrom 517, Hennepin County Family Justice Center, 110 South Fourth Street, Minneapolis, Minnesota. In the event that Petitioner is not able to attend those dates, the Court has reserved June 11 and June 12, 2012. Petitioner’s attorney shall notify the Court before January 1, 2012 as to whether or not her client will attend the May trial.

2. The following are the deadlines for trial in this matter:

A. PETITIONER’S EXPERT WITNESS DEADLINE is seven days before trial. By this date, the Petitioner shall deliver to opposing counsel and to the Court in Chambers the written report of any experts. Direct examination of all experts shall take place by this pre-marked written report. the expert must be made available at the trial for cross-examination. Any evidentiary objections shall be stated below.

B. RESPONDENT’S EXPERT WITNESS DEADLINE is seven days before trial. By this date, the Petitioner shall deliver to opposing counsel and to the Court in Chambers the written report of any experts. Direct examination of all experts shall take place by this pre-marked written report. the expert must be made available at the trial for cross-examination. Any evidentiary objections shall be stated below.

C. THE EXHIBIT LIST DEADLINE is seven days before trial. By this date counsel shall exchange all trial exhibits, and file with the Court a list of exhibits (plus any stipulations as to admissibility) that shall be introduced into evidence.

Petitioner’s exhibits shall be marked beginning with the number 1. Respondent’s exhibits shall be marked beginning with the number 101. At trial, each party shall make one copy of their exhibit notebooks available for the witnesses and one copy available for the Court’s clerk.

The parties shall attempt to stipulate as to admissibility of exhibits, and the stipulations shall be a part of the exhibit list filed with the court. Any exhibits not included on the exhibit list filed with the Court shall not be admissible at trial. All objections to exhibits shall be addressed prior to trial as outlined below.

As a part of their trial exhibits, each party shall draft an inventory of the parties’ tangible personal property (household goods and furnishings, etc.) The inventory shall include a description of the item, which it was acquired, who acquired it, who has current possession, the cost of the item, current worth, and whether either party has a non-marital claim to the item. The inventory shall be filed with the Court along with the Exhibit List. If a party fails to file an inventory, that party will be precluded from providing direct testimony as to personal property.

1) The Deadline for Opposing Admissibility is three days before trial. Any party opposing admissibility of any exhibits shall deliver to the County by this date a letter describing the reasons for opposing admissibility.

2) The Deadline for Explaining Admissibility is two days before trial. The proponent of the disputed exhibits shall deliver to the Court a letter by this date explaining why the exhibit is admissible.

D. THE STIPULATIONS DEADLINE is two days before trial. The parties shall stipulate, in writing, to all uncontested facts and matters not in controversy. By the date set forth herein, the parties shall file all stipulations with the Court.

E. THE ASSETS/LIABILITIES DEADLINE is seven days before trial. By this date, the parties shall prepare a list of all assets and liabilities. Counsel shall use the values or balance as of the date of the Initial Case Management Conference scheduled before this Court. Exhibits supporting the stated values or balances shall be referenced in and attached to the schedule. After counsel examine the exhibits, if they cannot agree as to the correct values or balances for a particular asset or liability, then each attorney shall prepare a separate schedule of the disputed items with exhibits attached referencing values. The Court will receive the undisputed schedules and exhibits at the beginning of the trial without the necessity of any testimony or foundation unless there is a dispute regarding admissibility.

F. THE DEPOSITION DESIGNATION DEADLINE is seven days before trial. By this date, the parties shall file with the Court a designation of testimony to be offered by deposition, whether oral or video deposition. At trial, the original copy of the deposition shall be incorporated into the record as a Court Exhibit and preserved for purposes of appeal.

1) The Deadline for Specifying Objections to Deposition Testimony is three days before trial.

Counsel shall consult and attempt to resolve objections to any deposition testimony. Objections then remaining shall be listed, including page and line number, on a document filed with the Court by the date specified in this paragraph.

G. THE WITNESS LIST DEADLINE is seven days before trial. By this date, the parties shall file with the Court a list of witnesses to be called, including possible rebuttal witnesses. This list shall include a short substance of the testimony of each witness.

3. TRIAL FINDINGS OF FACT, CONCLUSIONS OF LAW. The parties shall exchange, and deliver to the Court, proposed Findings of Fact, Conclusions of Law, and Order for Judgment TWO WEEKS AFTER THE CONCLUSION OF THE TRIAL.

4. FAILURE TO COMPLY. Failure to comply with the provisions of this Order may result in the imposition of sanctions, including, but not limited to, refusal to allow introduction of exhibits and/or witness testimony, award of attorney’s fees, or imposition of costs.

5. NO CONTINUANCES: NOTIFY THE COURT. The Court will not grant a continuance to produce witnesses or evidence except in the most extraordinary circumstances. If counsel has questions regarding the availability of witnesses at trial, depositions shall be taken for use at trial. The parties shall immediately notify the Court, in writing, of any disposition of the case prior to trial.

6. The Clerk of this Court shall mail copies of this Order to counsel and any pro se parties, which shall be good and proper service for all purposes.

FINDINGS OF FACT AND FINDINGS OF FACT AND
ORDER RECOMMENDED. ORDER APPROVED.

dated: October 18, 2011 dated: October 18, 2011

______________________ ___________________________
Susan Cochrane, Referee of District Court Judge of District Court
Family Court Division Family Court Division.

 

 

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